Woman Sentenced to Probation in Exploiting Senior Case

Tuesday

Mar 5, 2013 at 12:01 AMMar 6, 2013 at 1:11 AM

Adjudication withheld after woman returned much of $300,000 account.

By JASON GEARYTHE LEDGER

BARTOW | A Bartow woman has been sentenced to five years of probation for exploiting a hospitalized elderly man by getting him to make her the beneficiary of his more than $300,000 retirement account.Denise Tobin, 48, was arrested in December 2011 following an investigation by the State Attorney's Office in Bartow.Tobin had been providing care for Harry Price and was living at his home for several years, according to court records.Price had a variety of health issues, including colon cancer, a speech impairment and heart problems, records show.Price was hospitalized in October 2008, and Tobin contacted Price's financial adviser to draft a form making Tobin the full beneficiary of Price's retirement account, a complaint affidavit states.Price's two daughters had originally been designated as beneficiaries.Price died at the age of 71 on Aug. 22, 2009, and a legal dispute began about who was the rightful beneficiary of his retirement account.Circuit Judge John Laurent ruled Sept. 7, 2011, that Price didn't have the capacity while in the hospital to make the decision to change his bene-ficiary.Under the terms of a plea deal, Tobin pleaded guilty March 1 to a lesser charge of exploitation of an elderly person or disabled adult in exchange for five years of probation.While on probation, she can't hold any job position that involves handling money.Prosecutors agreed to drop a charge of grand theft.Brian Haas, a spokesman with the State Attorney's Office, said prosecutors entered into negotiations with Tobin after considering the facts of the case, including that a substantial amount of money was recovered.Tobin agreed to surrender control of Price's retirement account worth about $275,000 to Price's two dau-ghters, Haas said. Circuit Judge Roger Alcott agreed to withhold adjudication, meaning Tobin will not have a criminal conviction on her record.The judge told Tobin that he took into consideration her otherwise spotless past, which was clear of any criminal history."Everybody is entitled to a chance to make it the rest of the way without becoming a convicted felon," Alcott said.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]

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